Ben Tobin v. Mohawk Trail Regional School District (SPR 20232195)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 27, 2023 SPR23/2195 Karen Totman Executive Secretary to the Superintendent Mohawk Trail Regional School District 24 Ashfield Road Shelburne Falls, MA 01702 Dear Ms. Totman: I have received the petition of Ben Tobin appealing the response of the Mohawk Trail Regional School District (District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). From August 28 through September 1, 2023 Mr. Tobin made approximately 11 requests for public records. The District responded on September 13, 2023, providing numerous responsive records and multiple fee estimates. Unsatisfied with the District’s response, Mr. Tobin appealed, and this case was opened as a result. In his appeal petition, Mr. Tobin contends that “the district’s response ... was provided after the 10 day timeline and therefore [he is] entitled to receive the records free of charge.” After a review of the case file, it is unclear if copies of Mr. Tobin’s original requests were provided to this office. Specifically, it is unclear if copies of the requests for which the School provided fee estimates were provided with Mr. Tobin’s appeal petition. See 950 C.M.R. 32.08(1)(g) (requestors shall provide to the Supervisor complete copies of all correspondence associated with the petition). Accordingly, I am unable to opine on this appeal at this time. If unresolved issues remain, Mr. Tobin may file an appeal with this office with the necessary documents. Additionally, in his appeal petition, Mr. Tobin indicates that he is willing to narrow the scope of his requests. This office encourages Mr. Tobin and the District to communicate directly in order to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce the records sought more efficiently and affordably). Any revision to the request would result in the requirement to issue a revised fee estimate. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832 • Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Karen Totman SPR23/2195 Page 2 September 27, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Ben Tobin